England Cases

There are over 300 English cases in our database. This page shows all the cases by default, but you can filter the list by using the search tool above. You can search within the title, key terms, court name, judge's name and case notes fields by inputting a word, or words, or part of a word, or a phrase, into the search box.

  • 30th June 2005
    Bennett (Tracey) v FMK Construction Ltd. [2005] EWHC 1268 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Technology and Construction Court, London His Honour Judge Richard Havery QC 30 June 2005 A dispute was referred to an adjudicator within 28 days of the issue of the final certificate under a contract based on the JCT Private Without Quantities. However, following a procedural challenge, the adjudicator resigned and the contractor re-submitted the dispute to him, but after the expiry of the 28 day period for commencing proceedings under clause 30.9.3 of the contract. The Court held that, in such a scenario, the final certificate was not conclusive evidence under clause 30.9.3 in respect of the matters relating to the first adjudication. Mr Bennett employed FMK Construction Limited ("FMK") to carry out building and refurbishment works at his property....
  • 30th June 2005
    Belgrave v Vaughan [2005]
  • 30th June 2005
    Baker & Davies Plc v Leslie Wilks Associates (a firm) [2005] EWHC 1179
  • 21st June 2005
    Lafarge (Aggregates) Ltd. v London Borough of Newham [2005] EWHC 1337 (Comm)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator's decision, when issued by email, will (subject to any express terms of the contract) be taken as given on the date it was emailed, even though it had not been signed. Further, the issue of an adjudicator's decision would not be subject to provisions under the contract governing service of 'Notices'. In absence of any definition in a contract, the court held that the expression 'working day' meant an ordinary office working day even where there was evidence to suggest that the potential working hours of the contractor would include Saturdays. Commercial Court, London Mr Justice Cooke 24 June 2005 In June 2001 the London Borough of Newham ("LBN") employed Lafarge (Aggregates) Limited ("Lafarge") to provide certain construction...
  • 27th May 2005
    Allen Wilson Shopfitters v Buckingham [2005] EWHC 1165 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Technology and Construction Court, London His Honour Judge Peter Coulson QC 27 May 2005 An adjudicator's jurisdiction either arises from express terms in the contract or, if there is a construction contract in, or evidenced in, writing, which contains no express adjudication provisions and is not otherwise excluded from the Act, then the provisions in the Act and the Scheme will apply. During 2004 and January 2005 the Claimant, Allen Wilson, carried out extensive building work at Mr Buckingham's property. The contractual basis on which the work was done was in dispute. The Defendant had originally engaged a firm of quantity surveyors, Deacon & Jones ("Deacons"), to manage the works and act as contract administrators however, on 3 January...
  • 20th May 2005
    Wimbledon Construction Company 2000 Ltd v Vago [2005] EWHC 1086
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Technology and Construction Court, London His Honour Judge Peter Coulson QC 20 May 2005 In this case the court was asked to stay the enforcement of an adjudicator's award pending final resolution of the claims by arbitration on the basis of the successful party's uncertain financial position. The court derived from case law six principles that should always govern the exercise of the court's discretion when considering a stay of execution in adjudication enforcement proceedings.  When applying these principles to the evidence before it, the Court refused to grant the stay sought by the defendant. Mr Vago engaged Wimbledon Construction Company 2000 Limited ("Wimbledon") to carry out works at his house. Disputes arose between the parties and...
  • 20th May 2005
    Costain Ltd v Bechtel Ltd [2005] EWHC 1018
  • 26th April 2005
    Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2005] EWHC 778
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Honourable Mr Justice Jackson, Technology and Construction Court 26 April 2005 An adjudicator's refusal to consider evidence that he sees (even if erroneously) as irrelevant is inherent in the adjudication system and will not render the decision unenforceable. 2. Only in exceptional circumstances will an adjudicator's failure to put his provisional conclusions to the parties constitute such a serious breach of the principles of natural justice that the Court will refuse to enforce the decision. 3. A brief statement of reasons revealing that the adjudicator has dealt with the issues before him and what his conclusions are will suffice in the event that an adjudicator is asked to give reasons. 4. Paragraph 20(c) of the Scheme creates a free-standing...
  • 23rd April 2005
    Brown (L) & Sons Ltd v Crosby Homes (North West) Ltd [2008] EWHC 817 (TCC)
  • 22nd March 2005
    Palmac Contracting Ltd v Park Lane Estates Ltd [2005] EWHC 919 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In considering a dispute regarding a payment application the issue of whether the application for payment has been validly served is not a question of whether a dispute has arisen and instead is a matter within the adjudicator's jurisdiction to decide. Under the JCT 98 with Contractor's Design form there is no requirement that a notice of adjudication be served on the responding party before an application is made to a nominating body for the appointment of an adjudicator – although it does have to be served on the responding party before the dispute is referred to the adjudicator.   Her Honour Judge Frances Kirkham, Technology and Construction Court (Birmingham District Registry) 22 March 2005 The Claimant ("Palmac") contracted...